Eshoo, Walden Introduce Dig Once Broadband Deployment Bill

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1 eshoo.house.gov Eshoo, Walden Introduce Dig Once Broadband Deployment Bill October nd, 0 WASHINGTON, D.C. Congresswoman Anna G. Eshoo (D-Calif.), Ranking Member of the Communications and Technology Subcommittee, and Congressman Greg Walden (R-Ore.), Chairman of the Subcommittee, introduced today the Broadband Conduit Deployment Act of 0, commonly referred to as dig once legislation. This bipartisan, commonsense legislation would mandate the inclusion of broadband conduit plastic pipes which house fiber-optic communications cable during the construction of any road receiving federal funding if there is a demonstrated need for broadband in the area within the next years. Today our information highways are just as important as our interstate highways, said Eshoo, who introduced similar legislation in 009 and 0. By laying broadband conduit during construction of roads that receive federal funding, broadband providers can later install fiber-optic cable without costly excavation of newly-built roads. Dig once is a commonsense bipartisan policy that will significantly reduce the cost of broadband deployment in our country. Paving the way for smoother deployment of state-of-the-art-broadband networks has long been a goal for our subcommittee. This legislation meets that goal and makes it easier to connect more Americans to this vital st century resource, said Walden. Whether seeking information, connecting with friends and family, or finding new customers or businesses, the Internet is the critical backbone of our digital economy. We have seen the great impact it can have on job creation and economic development. This legislation will help ensure these benefits spread even further. The cost savings are significant. The Federal Highway Administration estimates it is ten times more expensive to dig up and then repair an existing road to lay fiber, than to dig a channel for it when the road is being fixed or built. According to a study by the Government Accountability Office, dig once policies can save from to percent in construction costs in urban areas and approximately percent in rural areas. A 0 Executive Order implemented a dig once policy similar to Congresswoman Eshoo s original legislation. But the Executive Order only included a requirement for the Department of Transportation to provide guidance to states and encourage their implementation of a dig once policy. This bill implements a more effective mechanism for adoption of dig once. Eshoo concluded: The 0 Executive Order represents an important endorsement of dig once, but states need more incentive to implement this commonsense policy.

2 thehill.com 'Dig once' eyed for broadband expansion Members of Congress are eying a possible way to expand the nation s deployment of broadband Internet. The so-called dig once bill the Broadband Conduit Deployment Act of 0 would mandate that federally funded highway construction projects include the installation of pipes for carrying fiber optic cables, assuming the area in question has a need for broadband within the next years. Supporters of the policy say it will save the public money. A 0 Government Accountability Office (GAO) report found that the installation costs for conduit would likely fall if a federal dig once policy was in place, especially in urban areas where it costs more money to perform construction projects. Our information highways today have really become just as important as our interstate highways, said subcommittee ranking member Anna Eshoo (D-Calif.), a sponsor of the bill along with subcommittee chairman Greg Walden (R-Ore.). So, this is a policy, coupled with federal dollars that build federal roads, [that] will also help build out broadband in our country. The GAO also identified disadvantages to a federal implementation of the policy, including the risk that the pipes would go unused and a reduction in the amount of funding available for highway construction projects. The stakes for the legislation are potentially high: the reach and quality of broadband is becoming an economic imperative as Americans increasingly rely on the Internet for everything from watching a movie to accessing medical records. Industry groups including the National Cable and Telecommunications Association (NCTA), U.S. Telecom and the American Cable Association say they favor a dig once policy. As the nation s largest wired Internet provider, the cable industry welcomes efforts by policymakers to develop creative solutions that encourage more investment in broadband infrastructure so that we can continue to be a global leader in this important technology, NCTA said in a statement Thursday. Eshoo said the plan could help expand broadband connectivity to underserved areas, including rural regions and tribal lands. Well, we certainly have a problem of broadband penetration in rural areas, she said. So wherever federal dollars are spent in rural areas, this is really going to give them a boost. Doug Brake, a telecom analyst with the Information Technology and Innovation Foundation who supports the bill, said that while it s a good step, it doesn t solve some of the more complicated questions related to broadband deployment. It s a great idea, it s good common-sense policy but obviously not a total panacea, Brake said. He said that the federal highway projects that the bill would affect don t always reach the areas where it is most costly to build fiber optic networks. Where it gets real expensive is where you get out into the tendrils of the network, and costs go up exponentially as you start trying to lay down the last mile getting into everyone s home, he said. Lawmakers will discuss the dig once bill and other strategies for expanding broadband infrastructure during a hearing Wednesday of a House Energy and Commerce subcommittee.

3 Some have called for policies that make it easier for companies to place broadband infrastructure on federal lands and buildings. That could include creating uniform contracts and fees for companies hoping to build on the land, Brake said. A dig once bill in the Senate also includes provisions to streamline the process for building on federal land Another possible strategy is making it easier for companies to place wireless equipment on utility poles. The House hearing comes as lawmakers in the Senate conduct their own examination of the broadband space, with a focus on wireless Internet. Earlier this month, the Senate Commerce Committee held a hearing on the obstacles to the deployment of rural broadband. Committee Chairman John Thune (R-S.D.) said that the more lasting economic benefits spurred by spectrum availability new jobs, technological innovation, and increased consumer welfare depend on spectrum actually being used by individuals across the country. That requires the design, construction, deployment, and maintenance of physical facilities, including towers, antennas, fiber optic cables, and servers, he said. The White House says improving broadband penetration should be a priority. A 0 executive order asked the Department of Transportation to review dig once policies and encourage states to use them. Eshoo said that her bill would give states more of an incentive to follow the policy and effectively implement it. Though the plan is similar to one that Eshoo released several years ago that never became law, she is optimistic about its chance of passage. I think we re poised to continue to advance it, she said during an interview Friday. Because everyone says, Jeez, what I great idea, I wish I d thought of that. This bill is fun, she said later. I see people s faces when I talk to them about it, and they say, Oh my god, sure, where should I sign on. It has great clarity, it s highly understandable, it s beneficial across the broad, she said. It s like lining up five cherries on the machine. It s a real winner.

4 TH CONGRESS ST SESSION [DISCUSSION DRAFT] H. R. ll To amend title, United States Code, to provide for the inclusion of broadband conduit installation in certain highway construction projects, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Ms. ESHOO introduced the following bill; which was referred to the Committee on llllllllllllll A BILL To amend title, United States Code, to provide for the inclusion of broadband conduit installation in certain highway construction projects, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION. SHORT TITLE. This Act may be cited as the Broadband Conduit Deployment Act of 0. f:\vhlc\00\00.9.xml (88 ) October, 0 (:0 p.m.) VerDate Nov 008 :0 Oct 0, 0 Jkt PO Frm 0000 Fmt Sfmt 0 C:\USERS\CCHAEN~\APPDATA\ROAMING\SOFTQUAD\XMETAL\.0\GEN\C\ESHOO_~.

5 SEC.. INCLUSION OF BROADBAND CONDUIT INSTALLA- TION IN CERTAIN HIGHWAY CONSTRUCTION PROJECTS. (a) IN GENERAL. Chapter of title, United States Code, is amended by adding at the end the following: 0. Inclusion of broadband conduit installation in certain highway construction projects (a) REQUIREMENT. () IN GENERAL. The Secretary shall require States to evaluate the need for broadband conduit in accordance with this section as part of any covered highway construction project. () CONSULTATION. This evaluation shall be done in consultation with local and national telecommunications providers, including telecommunications service and equipment providers. () RESULTS OF EVALUATION. If the evaluation reveals an anticipated need in the next years for broadband conduit beneath hard surfaces to be constructed by the project, the conduit shall be installed under the hard surfaces as part of the covered highway construction project. (b) INSTALLATION REQUIREMENTS. In carrying out subsection (a), the Secretary shall ensure with respect to a covered highway construction project that f:\vhlc\00\00.9.xml (88 ) October, 0 (:0 p.m.) VerDate Nov 008 :0 Oct 0, 0 Jkt PO Frm 0000 Fmt Sfmt 0 C:\USERS\CCHAEN~\APPDATA\ROAMING\SOFTQUAD\XMETAL\.0\GEN\C\ESHOO_~.

6 () an appropriate number of broadband conduits, as determined by the Administrator of the National Telecommunications and Information Administration, are installed along such highway to accommodate multiple broadband providers, with consideration given to the availability of existing conduits; () the size of each such conduit is consistent with industry best practices and is sufficient to accommodate potential demand, as determined by the Administrator; and () hand holes and manholes for fiber access and pulling with respect to each such conduit are placed at intervals consistent with industry best practices, as determined by the Administrator. (c) STANDARDS. The Secretary, in consultation with the Administrator, shall establish standards, consistent with applicable requirements in section of this title, section., part, and part 0 of title, Code of Federal Regulations, and the Approved Utility Accommodation Manual, to carry out subsection (b) that consider () the ability to accommodate broadband installation without impacting the safety, operations, and maintenance of the highway facility, its users, or others; f:\vhlc\00\00.9.xml (88 ) October, 0 (:0 p.m.) VerDate Nov 008 :0 Oct 0, 0 Jkt PO Frm 0000 Fmt Sfmt 0 C:\USERS\CCHAEN~\APPDATA\ROAMING\SOFTQUAD\XMETAL\.0\GEN\C\ESHOO_~.

7 () population density in the area of a covered highway construction project; () the type of highway involved in such project; and () existing broadband access in the area of such project. (d) PULL TAPE. The Secretary shall ensure that each broadband conduit installed pursuant to this section includes a pull tape and is capable of supporting fiber optic cable placement techniques consistent with industry best practices, as determined by the Secretary. (e) DEPTH OF INSTALLATION. The Secretary shall ensure that each broadband conduit installed pursuant to this section is placed at a depth consistent with industry best practices, as determined by the Secretary, and that, in determining the depth of placement, consideration is given to the location of existing utilities and the cable separation requirements of State and local electrical codes. (f) ACCESS. The Secretary shall ensure that any requesting broadband provider has access to each broadband conduit installed pursuant to this section, on a competitively neutral and nondiscriminatory basis, for a charge not to exceed a cost-based rate. (g) WAIVER AUTHORITY. The Secretary may waive the application of this section if the Secretary deter- f:\vhlc\00\00.9.xml (88 ) October, 0 (:0 p.m.) VerDate Nov 008 :0 Oct 0, 0 Jkt PO Frm 0000 Fmt Sfmt 0 C:\USERS\CCHAEN~\APPDATA\ROAMING\SOFTQUAD\XMETAL\.0\GEN\C\ESHOO_~.

8 mines that the wavier is appropriate with respect to a covered highway construction project based upon () a showing of undue burden; () a determination that the installation of broadband conduit beneath hard surfaces to be constructed as part of a covered highway construction project is not necessary based on the availability of existing broadband infrastructure; () a cost-benefit analysis; or () the consideration of other relevant factors. (h) COORDINATION WITH FCC. In carrying out this section, the Secretary and the Administrator shall coordinate with the Federal Communications Commission, including in making determinations with respect to an appropriate number of broadband conduits under subsection (b)(), potential demand under subsection (b)(), and existing broadband access under subsection (c). (i) PUBLICATION OF CONDUIT AVAILABILITY. Not later than year after the date of enactment of this section, the Secretary shall provide information to the Federal Communications Commission and the Administrator for inclusion within the National Broadband Map. (j) DEFINITIONS. In this section, the following definitions apply: f:\vhlc\00\00.9.xml (88 ) October, 0 (:0 p.m.) VerDate Nov 008 :0 Oct 0, 0 Jkt PO Frm 0000 Fmt Sfmt 0 C:\USERS\CCHAEN~\APPDATA\ROAMING\SOFTQUAD\XMETAL\.0\GEN\C\ESHOO_~.

9 () ADMINISTRATOR. The term Administrator means the Administrator of the National Telecommunications and Information Administration. () BROADBAND. The term broadband means an Internet Protocol-based transmission service that enables users to send and receive voice, video, data, graphics, or a combination thereof. () BROADBAND CONDUIT. The term broadband conduit means a conduit for fiber optic cables that support broadband or, where appropriate, wireless facilities for broadband service. () COVERED HIGHWAY CONSTRUCTION PROJECT. The term covered highway construction project means a project to construct a new highway or to construct an additional lane or paved shoulder for an existing highway that is commenced after the date of enactment of this section and that receives funding under this title. () HARD SURFACES. The term hard surfaces means asphalt and concrete pavement, curb and gutter, and sidewalk.. (b) CLERICAL AMENDMENT. The analysis for chapter of title, United States Code, is amended by adding at the end the following: f:\vhlc\00\00.9.xml (88 ) October, 0 (:0 p.m.) VerDate Nov 008 :0 Oct 0, 0 Jkt PO Frm 0000 Fmt Sfmt 0 C:\USERS\CCHAEN~\APPDATA\ROAMING\SOFTQUAD\XMETAL\.0\GEN\C\ESHOO_~.

10 0. Inclusion of broadband conduit installation in certain highway construction projects.. f:\vhlc\00\00.9.xml (88 ) October, 0 (:0 p.m.) VerDate Nov 008 :0 Oct 0, 0 Jkt PO Frm 0000 Fmt Sfmt C:\USERS\CCHAEN~\APPDATA\ROAMING\SOFTQUAD\XMETAL\.0\GEN\C\ESHOO_~.